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HomeMy WebLinkAbout04663 ORD - 11/07/1956' • :AP :11/5,`56 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A TERMINATION AGREEMENT WITH THE TEXAS AND NEW ORLEANS RAILROAD COMPANY, TERMINATING A CONTRACT BETWEEN THE RAILROAD COMPANY AND THE CITY OF CORPUS CHRISTI DATED JUNE 2, 1948, COVERING THE CONSTRUCTION AND MAINTENANCE OF A 12 INCH SEWER PIPE LINE AND A 36 INCH SEWER PIPE LINE IN THE CITY OF CORPUS CHRISTI,A COPY OF WHICH TERMINATION AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, ON .JUNE 2, 1948, THE CITY OF CORPUS CHRISTI AND THE TEXAS AND NEW ORLEANS RAILROAD COMPANY ENTERED INTO AN AGREEMENT WHEREBY THE CITY OF CORPUS CHRISTI WAS PERMITTED TO CONSTRUCT AND MAINTAIN A 12 INCH SEWER PIPE LINE EXTENDING FROM A POINT IN THE EAST LINE OF BLOCK 73, 5.4 FEET NORTH OF THE SOUTHEAST CORNER OF SAID BLOCK, IN A NORTHWESTERLY DIRECTION TO A POINT 143.2 FEET WEST OF THE NORTHEAST CORNER OF SAID BLOCK, AND A 36 INCH SEWER PIPE LINE EXTENDING FROM A POINT IN RAILROAD'S PROPERTY AT THE END OF HUGHES STREET, IN A NORTHWESTERLY DIRECTION TO A POINT IN THE SOUTH LINE OF BREWSTER STREET 584.0 FEET WEST OF THE WEST LINE OF LAST STREET; AND WHEP.EAS, SAID SEWER LINES HAVE BEEN ABANDONED AND IT IS NECESSARY TO CANCEL SAID CONTRACT OF JUNE 2, 1948: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE C17Y MANAGER OF THE CITY OF CORPUS CHRISTI, FOR AND ON BEHALF OF SAID CITY, BE AND HE 15 HEREBY AUTHORIZED AND DIR- ECTED TO EXECUTE A TERMINATION AGREEMENT WITH THE TEXAS AND NEW ORLEANS RAILROAD COMPANY, TERMINATING A CONTRACT BETWEEN THE RAILROAD COMPANY AND THE CITY OF CORPUS CHRISTI DATED JUNE, 1948, COVERING THE CONSTRUC- TION AND MAINTENANCE OF A 12 INCH SEWER PIPE LINE AND A 36 INCH SEWER PIPE LINE IN THE CITY OF CORPUS CHRISTI, A COPY OF WHICH TERMINATION AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR EXECUTING THE AGREEMENT DESCRIBED IN SECTION 1 HEREOF CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE IT IS ACCORDINGLY 50 ORDAINED. PASSED AND APPROVED THIS v DAY OF NOVEMBER, 1956. ATTEST: // CITY SECRETARY APPROV'ELAS TO LEGAL FORM THIE T_DAY OF NOVEMBER, 1956: CITY ATTORNEY MA THE CITY OF CORPUS CHRISTI, TEXAS ' I NEM ;11,/7 {50 PARTIAL TERMINATION OF CONTRACT AUD t T NO. 49904 -!T 15 AGREED THAT THAT CERTAIN AOREEMENT ENTERED INTO BETWEEN THE UNDERSIGNED. DATED JUNE. 1240, COYERiNG THE CONSTRUC- TION AND MAINTENANCE DF A 12 -INCH ;EWER PIPE LINE AND A 36 -149N *EVER PIPE LINE AT OR NEAR CORPUS CHRISTI, TEXAS. IS HEREBY MODIFIED TO THE EFFECT THAT THE SAID SEWER PIPE LINES NOW IN EXISTENCE 01I AND ACROSS $AID PROPERTY, CONSTRUCTED BY THE CITY OF CORPUS CHRISTI. WILL BE PERMITTED TO CONTINUE ON AND THROUGH SAID PROPERTY BUT WITH THE UNDERSTANDING THAT THE SANE WILL WE USED ONLY IN CA" OF -AN ENERUEMCYI AND THAT OTHER THAN SUCH RIGHT TO USE SAID DRAINS IN SUCH EMERGENCY, THE SAID EASEMENT IS HERFSY CANCELLED AND RELEASED, EFFECTIV °_ FRON AND AFTER THIS DATE. EXECUTED, IN DUPLI6ATE, RY THE CITY OF CORPUS CHRISTI. TEXAS, AT CORPUS CHRISTI, TEXAS ONr THE _9TN DAY OF _ NOVEMBER, 1976, AND BV TEXAS AMD NEW ORLEANS RAIILROAD COMPANY AT WOUSTON. TEXAS ON,y��� DAY OF NOVEMBER, 1976. TEXAS AND NEW 0RL[ANS RAILROAD COMPANY, By - GENERAL GENERAL. MANAGER CCTV Of COOUS QWWtSTI, TEXAS by ATTEST: CITY MANAGER 1TY SECRETARY APPROVED AS TO LEGAL FORM NOVEMBER Si 810SN3 CITY ATTORNEY CORPUS CHRISTI, TEXAS 1 ,1956 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI. TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT 15 INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL D. SMITH ,r W. J. ROBERTS MINOR CULL I B. E. BIGLER T MANUEL P. MALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH W. J. ROBERTS MINOR CULLI inn� W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO